Abiodun’s Long Walk to Judicial Victory in Ogun

With the judgement of Supreme Court, which affirmed his victory in the March, 2023 poll, Governor Dapo Abiodun, has survived many political intrigues in the Gateway State, writes James Sowole.

Considering intrigues, mudslinging, controversies and conspiracies from different quarters over the 2023 Governorship Election in Ogun State,  describing Governor Dapo Abiodun, as a cat with nine lives, would not be an overstatement as the Supreme Court on Friday, January, 19, 2024, finally upheld the outcome of the March 18, 2023 poll in the state.

That the governor survived both pre and post election mines on the 2023 election, the rolling out of drums immediately the judgment was delivered by the Justice Tijani Abubakar-led five-man panel, by Abiodun and his supporters, both in Abuja, Iperu-Remo and Abeokuta, in celebration of the victory, was very much expected.

In the judgment, the panel dismissed the appeal filed by the candidate of the Peoples Democratic Party (PDP), Hon Ladi Adebutu  who was not pleased that  the Independent National Electoral Commission (INEC), declared Abiodun of the All Progressives Congress (APC), winner of the gubernatorial poll.

The legal fireworks that started in Abeokuta, Ogun State, where the Election Petition Tribubal sat, traversed through  Court of Appeal, Lagos and peaked at the Supreme Court, Abuja, all in favour of Abiodun.

Justice Tijani Abubakar, who read the Apex Court’s judgment, held that Adebutu and his party failed to prove their case.

Abubakar resolved all the issues raised for determination against the appellants and held that the appeal was without merit.

He held, “In the end, this appeal is unmeritorious and deserves to be dismissed. It is hereby dismissed.”

The journey that ended in Supreme Court on January 19,  2023, started immediately  INEC declared Abiodun winner of the election.

INEC declared that Abiodun won the election  with 276,298 votes while Ladi Adebutu of the PDP scored 262,38 and Biyi Otegbeye of the African Democratic Congress (ADC) came a distant third with 94,754 votes.

Not satisfied with the decision of the INEC, the PDP and Adebutu approached the tribunal, alleging that the governor did not get the majority of valid votes cast in the governorship election.

The petitioners accused INEC of non-compliance with the Electoral Act and corrupt practices during the election.

The petitioners also alleged that elections were disrupted by thugs in over 99 polling units, disenfranchising over 40,000 voters from participating in the election.

After months of legal fireworks among counsel of three major parties in the petition- the APC, PDP and INEC, the three-man tribunal led by Justice Hamidu Kunaza, on Saturday, September 30, dismissed the petition filed by Adebutu and its party,  thereby, upholding the return of Abiodun for second term in office as Governor of the Gateway State.

In a unanimous decision, which lasted about 11 hours, the Tribunal held that the allegations of corrupt practices, non-compliance with the Electoral Act, multiple thumb-printing of ballot papers, ballot stuffing, as well as allegation of certificate forgery upon which the PDP candidate was seeking the disqualification of Abiodun and upturning of his electoral victory in their favour were not proven beyond any reasonable doubt.

Kunaza also described the testimonies of the 94 witnesses called by the PDP as “industrially manufactured, mechanically produced and adopted, contrary to the common occurrence of natural causes” and thereby “proven to be similar, too coincindental and unbelievable to rely on” in determining the petition.

On the allegation of certificate forgery leveled against Abiodun, the Tribunal held that the petitioner failed to prove the criminal allegation beyond reasonable doubt by providing any witness from the United States of America (USA) to testify against the second defendant (Abiodun).

In striking out the allegation of vote buying and corrupt practices, the Tribunal held that the allegations were two inseparable twins for which the petitioners have failed to prove beyond reasonable doubt.

The court also held that allegation of certificate forgery and arrest and detention of Abiodun in 1986 were pre-election matters, which ought to have been determined 14 days before the March 18 election.

In upholding Abiodun’s electoral victory, the Tribunal, therefore, dismissed all the grounds upon which the petitioners had approached the court for justice.

The tribunal  therefore  held that the petition lacked merit as a whole.

Not satisfied with the decision of the Tribunal, Adebutu and the PDP approached the Court of Appeal, for review of the matter with the aim of getting favourable judgment.

However, rather than getting the desired results  at the Court of Appeal that sat in Lagos, the three-man appellate panel in its majority judgment, dismissed Adebutu’s and PDP’s appeal for lacking in merit on November 24, 2023.

The majority judgement which dismissed Adebutu’s appeal, was  delivered by the duo of Justices J.S. Ikyegh and Muhammed Mustapha.

The court held that the appeal lacked merit as it found no substance in it and subsequently dismissed it, affirming the earlier decision of the Tribunal.

Reviewing the suit, the court concluded that it is a petitioner who bears responsibility to prove that an election was marred by corrupt practices, and that appellants did not so prove.

The Court held further that Appellants did not prove the allegation of certificate forgery against Abiodun and noted that the Tribunal did not believe the evidence of certain witnesses because of their demeanours and because of the chorused nature of their testimony.

Maintaining that appellate courts generally do not interfere with such assessments, it held that the assessment of the Tribunal is undisturbed.

While upholding the expunging of the evidence of the forensic experts, the court held that there is a huge crater in the petition of the appellants, making same castrated, sterile, and with no legs to stand on.

Court followed the principle that when a decision is ultimately correct, it is immaterial that some reasons may have been applied since the appellate courts concern themselves with the conclusions mainly.

On the issue of disenfranchisement raised by the appellant, the court held that it was the duty of Appellants to prove disenfranchisement by calling voters who could vote but were disenfranchised, adding that in this petition rather, the Appelants did not call any disenfranchised voter. That instead, the Appellants called persons who truly voted.

However, the third member of the panel,

Justice Jane Inyang, found merit on some issues raised and in a minority judgment, held that election should be held within 90 days in some units, where the appellants claimed that eligible voters, were disenfranchised.

Since the 1999 Constitution of the Federal Republic of Nigeria (as amended) and the Electoral Act make provision for litigation on Governorship Election, to terminate at the Supreme Court if any of the parties wished and in exploring benefits that the minority judgment could bring, Adebutu approached the Supreme Court, for final adjudication on the 2023 Governorship Poll in Ogun State.

After weeks of anxiety and uneasy calm in both camps, the Supreme Court in an unanimous decision of the five-man panel of Justices, dismissed the appeal stating that Adebutu and his party, failed to prove their case. The panel, resolved all the issues raised  against the appellants, declaring that the appeal lacked merit.

The decision of the Apex court  elicited celebration and jubilation among politicians right from Abuja just as APC supporters in Abeokuta and Iperu Remo, hometown of Abiodun also celebrated the court verdict.

Addressing newsmen at the Gateway International Agro-Cargo Airport, Iperu Remo, in Ikene Local Government, where the  chartered flight that brought him from Abuja  landed, Abiodun said his administration would now keep its eyes on further development of the state as all issues, had been resolved.

The governor said that all attempts to distract his administration have failed, noting that the Supreme Court victory marks an end to court shopping by his political adversaries.

He called on the governorship candidate of the Peoples Democratic Party (PDP), Ladi Adebutu, and other political adversaries to get ready for their re-run in 2027.

He said, “We hope our opponents who have been making a lot of noise about a re-run can prepare for a re-run in 2027. Now, this victory marks an end to this court shopping for adversaries and for us. It is the final victory in this journey that started in 2018. We will now keep our eyes further focused on the ball. All attempts to distract us have failed “

Abiodun also promised that his administration would now focus more on sustaining its legacies, adding that the people of the state would now begin to experience the good programmes his administration has for them.

“We will now focus on sustaining our legacies, the foundation of which we laid since we assumed office in 2019 and in the coming weeks, you will see some of the goodies that we will be unveiling for the good people of the state,” he said.

The governor expressed gratitude to President Bola Tinubu for supporting his political journey, his team of lawyers, led by Chief Wole Olanipekun, national and state chairmen of the All Progressives Congress (APC), Dr. Abdulahi Umar Ganduje and Chief Yemi Sanusi respectively for their support.

Abiodun also praised the five-man panel of the Supreme Court led by Justice John Inyang Okoro, the Ogun State Governordhip Election Petition Tribunal and the Appeal Court, for affirming the choice of the people of the state.

“Today, the Supreme Court has affirmed our victory, which was earlier affirmed by the Tribunal and then the Appeal Court, but our adversaries were not satisfied. They proceeded to the Supreme Court and yet again the five-man panel led by Justice John Inyang Okoro affirmed the wishes of the generality of the Ogun State people.

“We thank them because once again, they’ve demonstrated that they are the hope and the last one of the common man.

“We want to appreciate the tribunal who laid the foundation for today’s victory. The Appeal Court further built on that foundation and all the judges of both court and, of course, now the Supreme Court led by Justice John Inyang Okoro,” he said.

On his part, Secretary to the State Government, Mr. Tokunbo Talabi ascribed the victory to God Almighty saying while the governor placed his trust in God, the opposition put theirs in money.

In his reaction, member, House of Representatives, representing Yewa North/Imeko-Afon Federal Constituency, Hon. Gboyega Isiaka, noted that the victory has finally put an end to the belief of the opposition that they could unseat the incumbent, adding that the developmental strides of Governor Abiodun is certain to continue till 2027.

State Chairman of the APC, Chief Yemi Sanusi, also commended the Supreme Court for ensuring that the verdict of the people was not taken away by money mongers.

Special Adviser, Media and Strategy, Kayode Akinmade thanked God for the victory and the truth that was made known at the Supreme Court. According to him, money was put to shame, while those who placed their trust in God earned a well-deserved victory.